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Home My WebLink AboutResolution 5481 Doc No 8840500 08/04/2006 03:57 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder ` TranslD 243765 Deputy 13 Fees $35.50 DOC $10.50 SUR $46.00 Total A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330 AND A CONDITIONAL USE PERIT PURSUANT TO ZONING CODE SECTIONS 78-1250 AND 78-1286 FILE NO. 06-3183 o 0 CITY of ORONO ti RESOLUTION OF THE E �CIT 1 COUNCIL �kESII04 NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330 AND A CONDITIONAL USE PERIT PURSUANT TO ZONING CODE SECTIONS 78-1250 AND 78-1286 FILE NO. 06-3183 WHEREAS, Glenn David Solie and Nancy Marie Solie, husband and wife (hereinafter "the applicants") are the owners of the property located at 1430 Cherry Place within the City of Orono (hereinafter the "City") and legally described as follows: Lots 4 and 5, Block 4, Crystal Bay View according to the plat on file and of record in the Office of the County Recorder, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new residence on a lot containing 24,084 s.f. or 0.55 acre in area and 95' in width where 43,560 s.f. or 1.0 acre in area and 140' in width are normally required; and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Sections 78-1250 and 78-1286 in order to conduct minimal land alterations within the 0-75' zone in conjunction with the removal of a lake-yard deck and restoration following removal. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 06-3183. 2. The property is located in the LR— 1B, One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140'. Page 1 of 5 o 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESHID NO. 5 Q 8 1 3. The Planning Commission reviewed this application at public hearings held on May 15, 2006 and on June 19, 2006 and recommended approval of variances based on the following findings: a. The applicants' property is 24,084 s.f. (0.55 acre) in area and has 95' of lot width. b. No additional land is available for acquisition by the applicants to make the property conforming in area or width. c. The property is served with municipal sewer. A single family residence has existed on the property for many years. d. The applicants have proposed a home and hardcover to adequately serve the property within the 25%hardcover limitation within the 75' —250' zone. e. The applicants' proposed home will meet all LR-1B zone setback requirements. 4. The Planning Commission reviewed this application at public hearings held on May 15, 2006 and on June 19, 2006 and recommended approval of the conditional use permit based on the following findings: a. City Code 78-1282 allows for the installation of stairs, lifts and landings in place of major topographic alterations on steep slopes. b. The proposed changes to the stair system and wall result in a reduction in hardcover from 7.6%to 5.7%. c. The proposed 5.7%hardcover is allowed pursuant to City Code 12-1282. d. The applicants have provided a restoration plan for the deck removal meeting the goals and intent of the Zoning Code and the Orono Community Management Plan. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community. Page 2 of 5 _ o 0 CITY of ORONO ti RESOLUTION OF THE CITY 000NCIL NO. 5 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new residence on a lot containing 24,084 s.f. or 0.55 acre in area and 95' in width where 43,560 s.f. or 1.0 acre in area and 140' in width are normally required and a conditional use permit in order to conduct minimal land alterations within the 0-75' zone in conjunction with the removal of a lake-yard deck and restoration following removal, subject to the following conditions: 1. Council approval is based on the site plan and building plans submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan and building plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 434 s.f. or 5.7%. Hardcover in the 75-250' zone shall be limited to 4,088 s.f. or 25% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover above 25% or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of the deck structure shall be completed by the footing inspection for the new home. The restoration of the area of the deck removal and installation of plant materials shall be completed prior to the issuance of a certificate of occupancy if not sooner. The restoration plan is attached as Exhibit B. Page 3 of 5 - O O CITY of ORONO �� G~ RESOLUTION OF THE CITY COUNCIL �4kESII0 NO. 5 d R 1 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (June 26, 2007). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 26th day of June, 2006. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of�� 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary `fACOURY4 M. YbUNG hotor, . i,..- 1nnesota cxlrea Jin 31.2010 Page 4 of 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL `9kES0 NO. J Q STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on thisdayof 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corpor tion and said instrument was executed on behalf of the City. RACHEL DODGE NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2010 Notary Public UU STATE OF MINNESOTA COUNTY OF HENNEPIN .�.r This instrument was acknowledged before me this ��day of , 2006 by Glenn David Solie, husband of Nancy Marie Solie. RACHEL DODGE NOTARY PUBLIC-MINNESOTA Notary Public My Commission Expires Jan.31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2006 by Nancy Marie Solie, wife of Glenn David Solie. RACHEL DODGE NOTARY PUBLIC-MINNESOTA MNotary Public y Commission Expires Jan.31,2010 Page 5 of 5 Cb = i( I ' $ r� m W I ` ARM _ 11 3-Y _ g °� e Hdf OR AKE OHW UNE ��°°- =S— � J` lam'-/'.•j'j=�=: '%�'a�`�`-�--,1 3 3�t Axa '_ ° 's�'a•�'�°' � r. /,/�it �i.• /i�0��--' $3 !3k a��_'-s /% �—�--- - •^ `' �`` ��j��-'tea ' ` --y, _- aax 14 t4B•�. o. ...,��1` stye �� iT `�, ?�?• \�� . �j--�/ :4° .�p- %ir°:: >'—�'¢s! i sera �p�¢ Gl .moo, °e m ° (' '• .- •' �=-%a � 3� 1� O ,K `� -HE mss'- gibs °;$° �e .e ss6 •.cif": �_G .. Z V) 0 u `� s tet. 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